2004Journal of Sun Yatsen UniversityRequires access

On the Contract for Third Party's Benefit

Zhang Ming-an

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Abstract

The contract for third party's benefit has been recognized in the Continental countries and the U. S. when one party is in breach of the contract. In China's contract law, the contract for third party's benefit has not been recognized. In order to protect the third party, China's civil law should define the contract for third party's benefit.

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The contract for third party's benefit has been recognized in the Continental countries and the U. S. when one party is in breach of the contract. In China's contract law, the contract for third party's benefit has not been recognized. In order to protect the third party, China's civil law should define the contract for third party's benefit.

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Available abstract

The contract for third party's benefit has been recognized in the Continental countries and the U. S. when one party is in breach of the contract. In China's contract law, the contract for third party's benefit has not been recognized. In order to protect the third party, China's civil law should define the contract for third party's benefit.

Key concepts: Third party, Frustration of purpose, Privity of contract, Severability, Exclusion clause, China, Business, Order (exchange)

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